United States v. Gilberto Romas-Miranda

103 F.3d 143 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Gilberto ROMAS-MIRANDA, Defendant-Appellant. No. 95-50540. United States Court of Appeals, Ninth Circuit. Submitted Nov. 5, 1996. * Decided Nov. 7, 1996. Before: PREGERSON, REINHARDT, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Gilberto Romas-Miranda appeals his 70-month sentence following a guilty plea to being a deported alien found in the United States in violation of 8 U.S.C. §§ 1326 (a), (b)(1) and (b)(2). Romas-Miranda contends that his trial counsel rendered ineffective assistance by: (1) failing to move for a downward departure based on unusual mitigating circumstances and in order to avoid disparity in sentencing; and (2) failing to object to the calculation of his criminal history points and criminal history category. 3 "Ineffective assistance of counsel claims are not ordinarily reviewed on direct appeal." United States v. Vgeri, 51 F.3d…